Owner of Tinton Falls Waste Management Co. Arrested for Illegal Dumping Conspiracy

The owner of a Tinton Falls solid waste management facility was arrested Friday for the illegal dumping of tons of asbestos contaminated debris at an upstate New York farm containing wetlands, announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department's Environment and Natural Resources Division and Richard S. Hartunian, U.S. Attorney for the Northern District of New York.

Dominick Mazza, 60, owner of Mazza & Sons, Inc., was arrested on federal charges that he, along with three associates, conspired to transport and dump the contaminated debris in Frankfort, NY in 2006 as detailed in a seven-count indictment.

Mazza, of Little Silver, was arrested on Friday along with Julius DeSimone, 69, of Rome, NY, Donald Torriero, 54, of Wellington, FL and Cross Nicastro II, 59, of Frankfort, NY. Arrests were made at residences in New York, New Jersey and Florida early Friday.

The indictment describes a scheme to illegally dump thousands of tons of asbestos-contaminated, pulverized debris processed at two solid waste management facilities, including Mazza & Sons Inc. in Tinton Falls, and transport it to be dumped at Nicastro's farm in New York, which contains federally regulated wetlands.

Mazza & Sons Inc. was also indicted and the arraignment is tentatively set for June 13 in Syracuse, NY.

The indictment charges the defendants with conspiracy to defraud the United States, violate the Clean Water Act and Superfund laws and comit wire fraud. Mazza and his company are charged with violating Superfund law requirements to report the release of toxic materials and obstruction of justice. Mazza and DeSimone are charged with making false statements to Environmental Protection Agency special agents.

Mazza faces a maximum possible term of incarceration of five years and a fine of $250,000, twice the gross gain to the defendant, or twice the gross loss to a victim.

An indictment is a mere accusation and all defendants are presumed innocent until and unless convicted in a court of law.